AND WHAT IS HARDSHIP?

By
Real Estate Agent with Mason Real Estate CA BRE 01444168



Short Sales are dominating the listing side of the MLS in the Hemet - San Jacinto Valley, CA and are starting to show up more and more in the SOLD MLS listings as well.

The common denominator of all of these short sales is that the homeowner has experienced a hardship that prevents them from keeping up with the mortgage on their real estate.

Many Hemet - San Jacinto homeowners may feel like times are tough - but not really have what the banks may consider to be a legitimate hardship.  So to help those in need, lets take a look at what the banks will typically allow as a hardship, when considering a short sale:

  • Illness
  • Loss of Job
  • Reduced Income
  • Failed Business
  • Job Relocation
  • Death of Spouse or C0-Borrower
  • Death
  • Incarceration
  • Divorce
  • Marital Separation
  • Military Duty
  • Reduced Income
  • Medical Bills
  • Damage to Property (natural disaster or unnatural)

There are of course other legitimate hardships and with proper documentation they will also be considered by most lenders.

The key to any hardship is the documentation.  When presenting your case to the bank, make sure that your letter is short and sweet - they do not want a novel, they just want the facts...and they want documents to back up your situation.  Think of your hardship letter that will help you avoid foreclosure with a short sale as a biography, or an outline of this segment of your life...complete with footnotes and exhibits.

When preparing your hardship letter, make certain that you separate fiction from fact.  The best hardship letters break the homeowners situation down into three easy to follow phases...the problem that occurred....how it effects the homeowner...and what the homeowner hopes to accomplish in the future.  Past Present and Future are the three points that need to be covered.

 

Posted by

Until Next Time, Have a Blessed Day,

John Occhi, ePRO, REALTOR®
DRE Lic No: 01444168


ePro,John Occhi,www.johnocchi.com,realtor      Certified Probate Real Estate Specialist Logo Awarded to John OcchiFive Star Logo,Certification,REO,Five Star Institute     

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This blog and the contents written here is the intellectual property of John Occhi, Temecula - Murrieta, CA REALTOR® in the South West Riverside County region of the Inland Empire of Southern California.  The views and opinions expressed are just that - views and opinions of John Occhi and those who comment.  Please note that I am not an attorney or a tax professional and any time I discuss either topic, I suggest you consult with the proper professional for relevant assistance. 


I am proud to be a full time REALTOR® who is proud to be a contributing member of the ActiveRain community.

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Comments (61)

Ted Tyndall
Davidson Realty Inc. - Saint Augustine, FL
I will help You find the Home YOU want to Buy

John,

That is a great post. I have not seen a list that complete by anyone. Straight to the point.

Dec 08, 2009 08:53 AM
John Occhi
Mason Real Estate - Temecula, CA
SRES,CPRES.ePRO - Temecula-Murrieta CA Real Estate

Steve,

Thanks - you have no idea how difficult it is for me to be short and sweet - more often than not my articles take several pages to print out.

John

Dec 08, 2009 08:56 AM
John Occhi
Mason Real Estate - Temecula, CA
SRES,CPRES.ePRO - Temecula-Murrieta CA Real Estate

Ted,

Glad you appreciate the list - I'm now hoping you canuse it with sellers in your area.

John

Dec 08, 2009 08:57 AM
Don Wixom
RE/MAX Executives Nampa, ID - Nampa, ID
"Looking out for your next move..."tm

John, you mean just losing equity is not a hardship!?  ;)  Thanks for the post!

Dec 08, 2009 11:10 AM
John Occhi
Mason Real Estate - Temecula, CA
SRES,CPRES.ePRO - Temecula-Murrieta CA Real Estate

Don,

Losing equity is certainly a stress indicator that may lead to a medical condition and thereby a hardship...but so long as you can afford your payment it is not likely that the banks are going to offer any relief.

Thanks for stopping by...

Merry Christmas,

John

Dec 08, 2009 11:15 AM
Nathan Tutas
Tutas Towne Realty, Inc. - Davenport, FL
Your Central Florida Real Estate Expert

Does voting for Barney Frank count as a hardship? Just asking. LOL. Good post John.

Dec 08, 2009 11:30 AM
Ronda Densford
Magnolia Properties - Jacksonville, FL
Realtor - Jacksonville and Northeast Florida

Great post John. I agree with a few others that said they are seeing a lot of job transfers that trigger a short sale. It's a really bad place to be when you realize that the CMA came back 40 - 50K less than what you owe on the house! It's really sad. I feel sorry for those that have to try to do a short sale when they have to move to keep a job.

Thanks for a great list of hardships. I think you covered everything.

Ronda signature

Dec 08, 2009 11:40 AM
Irene Kennedy Realtor® in Northwestern NJ
Weichert - Lopatcong, NJ

John,

Nice recap of hardships. Frankly, I've seen more cases where banks have agreed to short sales without "true hardship." Most recently, a young couple had a child while living in a home the wife purchased under her maiden name pre-marriage. Current on the mortgage, they purchased a larger home in the same neighborhood. Listed the first house, stopped paying the mortgage on it and got the bank to agree to a short sale.  And, no, I am NOT their listing agent...

Dec 08, 2009 11:56 AM
Aaron Vaughn, REALTOR© 830-358-0455
eXp Realty - Canyon Lake, TX
My knowledge is your power | eXp Realty

I have dealt with many short sale admins and I must say that many of the people didn't really qualify for "hardship" but ultimately most banks were satisfied.

Dec 08, 2009 01:09 PM
Gail Robinson
William Raveis Real Estate - Southport, CT
CRS, GRI, e-PRO Fairfield County, CT

John - Excellent list.  Thank you for sharing.

Dec 08, 2009 01:56 PM
John Occhi
Mason Real Estate - Temecula, CA
SRES,CPRES.ePRO - Temecula-Murrieta CA Real Estate

Nathan (48)

Actually I think that falls under Mental Disability...but what do I know, I'm from California...

Merry Christmas,

John

Dec 08, 2009 03:15 PM
John Occhi
Mason Real Estate - Temecula, CA
SRES,CPRES.ePRO - Temecula-Murrieta CA Real Estate

Ronda (49)

I'm sure in major metropolitan areas that job transfer is a key element - here in the Hemet San Jacinto Valley our citizens are just lucky to have a job - mostly blue collar or service industry stuff around here.

Merry Christmas,

John

Dec 08, 2009 03:19 PM
John Occhi
Mason Real Estate - Temecula, CA
SRES,CPRES.ePRO - Temecula-Murrieta CA Real Estate

Irene,

There are always going to be gammers and gaps to any system - sounds like they qualify as one or the other...maybe both.  We also both know that we would not build aniche in our business around people in similiar situations.

Merry Christmas,

John

Dec 08, 2009 03:20 PM
John Occhi
Mason Real Estate - Temecula, CA
SRES,CPRES.ePRO - Temecula-Murrieta CA Real Estate

Aaron,

I'm thinking the same thing...on paper it has to look good for the file, but the bottom line is the reality of the bottom line.

There is only that little thing about fraud that bothers me - tell a lie to get a federally insured mortgage reduced and what does that make you IF they ever decide to come after you?

Merry Christmas,

John

Dec 08, 2009 03:22 PM
John Occhi
Mason Real Estate - Temecula, CA
SRES,CPRES.ePRO - Temecula-Murrieta CA Real Estate

Gail,

Thaks for the nice words.

Merry Christmas,

John

Dec 08, 2009 03:23 PM
Tammie White, Broker
Franklin Homes Realty LLC - Franklin, TN
Franklin TN Homes for Sale

John, I took a Short Sales and Foreclosure class just yesterday and that was the list.  There was some discussion that they may be adding Loss of Home Equity to the list.  I guess in some areas that is a hardship.

Dec 08, 2009 03:26 PM
John Occhi
Mason Real Estate - Temecula, CA
SRES,CPRES.ePRO - Temecula-Murrieta CA Real Estate

Tammie,

I understand there are stress related issues with loss of equity - but as long as they can afford to pay I'm npot thinking that is a good idea...after all the bottom line comes down to the taxpayers are footing the bill.

See my comments #23 above.

Merry Christmas,

John

Dec 09, 2009 01:24 AM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

This is a great list for explaining hardship.  I've heard hardship described as a material change in the financial status of the borrower between the time they received the loan and today.

Dec 09, 2009 03:08 PM
John Occhi
Mason Real Estate - Temecula, CA
SRES,CPRES.ePRO - Temecula-Murrieta CA Real Estate

Christine,

Wow great clinical defination of a hardship...I suppose if you had to fit it into a nutshell, that would work - thanks for sharing and

Merry Christmas,

John

Dec 09, 2009 03:13 PM
Wendy Rich-Soto, Realtor/Broker Associate
Keller Williams Realty, South Bay - San Pedro, CA
Getting you to your next with a zero failure rate!

John,

 

Thank you for the low down on hardship requirements and considerations.  Hopefully people who are in this situation will consider the short sale vs. the foreclosure route.  It will be kinder to their credit.

Dec 12, 2009 05:47 PM

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